Illinois law allows you to sue the person who caused your injuries. You can sue them (1) if it was accident, (2) if it was intentional, or even (3) if it was not ostensibly the other person’s fault.
The easy part is realizing that you have a right to relief in most instances of injury. The hard part is turning your injury into a cause of action and obtaining compensation from the defendant. This requires a proper complaint, argument, and presentation in court.
What Do I Have To Prove In Illinois Personal Injury Cases?
Most likely, your case for personal injuries will either be for negligence, medical malpractice, wrongful death, products liability, or intentional tort. Here is what you must prove in each of them.
- NEGLIGENCE ELEMENTS:
- The defendant owed you a duty;
- The defendant breached the duty;
- You suffered damages; and
- The defendant’s breach caused your damages.
- MEDICAL MALPRACTICE ELEMENTS:
- The medical provider owed the patient a duty;
- The provider breached that duty;
- The patient suffered damages from the breach; and
- The breach was the immediate cause of all injuries and damages.
- WRONGFUL DEATH ELEMENTS:
- Someone died;
- The death was caused by another’s conduct ; and
- The surviving spouse or next of kin suffered damages as a result.
- PRODUCTS LIABILITY ELEMENTS:
- There was a defect in the product’s design, making, or instructions;
- The plaintiff used the product reasonably and foreseeably;
- The plaintiff was injured while using the product reasonably and foreseeably; and
- The injury occurred because of the product’s defect.
- INTENTIONAL TORT ELEMENTS: (It depends on the underlying tort. We’ll use false imprisonment as an example).
- The defendant had intent;
- The defendant confined the plaintiff;
- The defendant did not have consent or legal justification; and
- The plaintiff was aware of the confinement
How Should An Attorney Be Able To Help Me Prove These Points?
After reviewing these case elements, the prospect of succeeding on a claim for personal injuries in Illinois might seem daunting. However, with the assistance and advice of experienced counsel, that task should become a lot easier. It should be more manageable because the law firm you choose should have a staff capable enough to handle all of the investigation, correspondence, and legal work associated with the lawsuit. They should also be able to front all of the capital required to mount a successful personal injury claim. Plus, they should have enough experience to show you where and why you will be able to obtain relief. This is what we offer every client we represent and it's what you deserve.
How Will The Defendant Respond In Illinois Personal Injury Cases?
Generally, no matter the type of personal injury case, we see some defenses arises routinely during the course of the lawsuits. Defendants always try and attack the plaintiff’s prima facie case as insufficient. For instance, with false imprisonment cases, they might allege that the plaintiff was unaware of the confinement. Another common gambit is to argue that the case was brought after the relevant statute of limitations had expired. Often, defendants will attempt to shift the blame to another person, entity, or the plaintiff himself/herself to explain the injuries. Finally, defendants might say that the person who committed the alleged misconduct bears no relation to them. This is the normally the case when the person who injured you was an agent but you sue the principal. In that scenario, the principal will typically try and sever any relationship in an attempt to avoid liability. See 735 ILCS 5/2-615 and 735 ILCS 5/2-619.
How Can I Protect My Illinois Personal Injury Case?
After seeing some of the replies that defendants give in Illinois personal injury cases, plaintiffs start to get nervous and ask us what they can do to protect their recovery. There are some simple things you can do and some more complex things you can do to ensure you don't squander your right to relief. First, before the case starts, try and obtain all the information you can about who was at the scene and how it happened. Second, when the case does start, don't talk to the other side. Let your attorney handle all of the communications. Third. at all times following the incident, stay in touch with your attorney. You need to be informed of case strategy, trial developments, and how you can help out throughout the entire proceedings. To learn about what else you can do to protect your recovery, contact our law offices. We can walk you through every mechanic and maneuver to save your compensation.
Still Wondering About Your Illinois Personal Injury Claim?
Rosenfeld Injury Lawyers LLC works closely to make sure that accident victims like you take every step that they need to obtain the compensation they deserve. We can do this for you and represent you in court for no charge, on contingency, until the suit has concluded. To speak with a member of the Rosenfeld Injury Lawyers LLC team, contact our offices today. We look forward to assisting you during this troubling time.